Fischer Applauds Supreme Court Decision to Take Up WOTUS Case

North Platte, Neb. – U.S. Senator Deb Fischer, a member of the Senate Agriculture Committee, released the following statement Monday after learning that the U.S. Supreme Court will consider the Sackett vs. EPA case involving the definition of “waters of the United States”:

 

“Since 2015, I’ve fought against the Obama-era WOTUS rule because it is the federal government at its worst: it is overreaching and hurtful to families, communities, and businesses. Nebraskans own the water in our state and they take great care of this key resource. Expanded federal regulation of our state’s water is completely unacceptable, and I’m pleased the court is taking a look at this overreach.”

 

In Sackett vs. EPA, the Court will be determining whether the 9th Circuit used the proper tests in determining whether wetlands were “waters of the United States” under the Clean Water Act. The case involves an Idaho couple who were told they needed a Clean Water Act permit to build a home on their private property, even though the lot they were building on lacked a surface water connection to any stream, creek, lake, or other water body.

 

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In 2015, the Obama administration finalized a rule that greatly expanded the definition of federally regulated Waters of the United States. President Trump began the process of rescinding Obama’s WOTUS rule and released the Navigable Waters Protection Rule. Last year, President Biden signed an executive order to undo the Trump administration’s actions.

Senator Fischer has been a leader in efforts to stop the 2015 WOTUS rule. A list of her actions on this issue is below.

  • Cosponsored legislation to codify the Navigable Water Protection Rule into law.
  • Signed a letter to EPA Administrator Regan and the Army Corps of Engineers Acting Assistant Secretary expressing opposition to altering the Navigable Water Protection Rule.
  • Joined 25 of her Senate colleagues in a resolution calling for the Senate not to eliminate the Navigable Waters Protection Rule.
  • Chaired a Senate Environment and Public Works Committee field hearing in Lincoln, Nebraska, regarding the rule.
  • Introduced the Federal Water Quality Protection Act, which would have required the Obama administration to consult states and stakeholders before imposing federal regulations on state-owned water resources.
  • Introduced the Defending Rivers from Overreaching Policies (DROP) Act. This bill targeted the flawed science used by the EPA to expand the definition of water.
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